For plaintiffs to be able to have any significant chance of recovering money in most elder abuse cases that occur in skilled nursing facilities and other places that house the elderly, it is critical that the nursing facility be found responsible for the abusive acts of its employees.

In order for an employer to be held responsible for the acts of an employee under the EADACPA, one of the following must be shown:

• The employer had advance knowledge of the unfitness of the employee and employed the employee with a conscious disregard of the rights or safety of others.
• The employer authorized or ratified the wrongful conduct for which the damages are awarded.
• The employer was personally guilty of oppression, fraud or malice.

In the case of a corporate employer, the conduct giving rise to liability of the corporation must be on the part of an officer, director or managing agent of the corporation.

Thus, to win against an employer in an elder abuse case, plaintiff must prove something more than that the abusing employee was in the course and scope of the employment at the time of the abuse. This is a higher standard than a negligence case or even a malpractice case against an employer.

If you are a concerned relative or friend of an elderly person that you believe is suffering from elder abuse in the Los Angeles area, we'd like to hear from you. Contact us online or call us at 818-756-2029 to set up a FREE consultation to discuss your legal options.